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P. "Mike" Palmer POB 5564 Glendale, AZ 85312 602-513-3738 (cell) Pro Se IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA

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Peter Michael Palmer, an individual

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Plaintiff,

Case No. CV10-

-PHX-

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COMPLAINT

vs.

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City of Prescott, a political subdivision of the State of Arizona; Randy L. Oaks and Jane Doe Oaks, husband and wife; Richard Gill and Jane Doe Gill, husband and wife; Ken Morley and Jane Doe Morely, husband and wife; Chad Slocum and Jane Doe Slocum, husband and wife; Casey Cook and Jane Doe Cook, husband and wife; Dan Murray and Jane Doe Murray, husband and wife; John and Jane Does I-X Defendants

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Plaintiff, PETER MICHAEL PALMER, the undersigned pro se litigant, hereby

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alleges as follows for his Complaint against Defendants: PARTIES AND JURISDICTION

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1.

resides in Maricopa County, Arizona.

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2.

Defendant, CITY OF PRESCOTT, is, at all times relevant, a political subdivision of the State of Arizona, located in Yavapai County, Arizona.

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Plaintiff, PETER MICHAEL PALMER (“Plaintiff”), at all times relevant,

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Defendants, RANDY L. OAKS (“former Police Chief”) and JANE DOE

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OAKS, are, at all times relevant, husband and wife residing in Yavapai County,

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Arizona. At all times relevant, Defendant Randy Oaks held the position of

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Chief of Police in and for the City of Prescott.1 All actions taken by Defendant

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Randy Oaks were on behalf of the marital community.

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4.

Defendants, RICHARD GILL (“Lt. Gill”) and JANE DOE GILL, are, at all

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times relevant, husband and wife residing in Yavapai County, Arizona.

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Defendant Richard Gill holds the position of Internal Affairs officer in the

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Prescott Police Department. All actions taken by Defendant Richard Gill were

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on behalf of the marital community.

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5.

Defendants, KEN MORELY (“Lt. Morely”) and JANE DOE MORLEY, are, at

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all times relevant, husband and wife residing in Yavapai County, Arizona.

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Defendant Ken Morely holds the position of Lieutenant in the Prescott Police

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Department and is responsible for officer oversight. All actions taken by

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Defendant Ken Morely were on behalf of the marital community.

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6.

Defendants, CHAD SLOCUM (“Sgt. Slocum”) and JANE DOE SLOCUM, are,

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at all times relevant, husband and wife residing in Yavapai County, Arizona.

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Defendant Chad Slocum holds the position of Sergeant in the Prescott Police

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Department. All actions taken by Defendant Chad Slocum were on behalf of the

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marital community.

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7.

Defendants, CASEY COOK (“Officer Cook”) and JANE DOE COOK, are, at

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all times relevant, husband and wife residing in Yavapai County, Arizona.

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Defendant Casey Cook holds the position of Officer in the Prescott Police

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Department. All actions taken by Defendant Cook were on behalf of the marital

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community.

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8.

Defendants, JOHN and JANE DOES I-X, are, at all times relevant to this Complaint, reside in Yavapai County, Arizona. Plaintiff will seek leave of the

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1

Tendered his resignation September 18, 2009 after Notice of Claim filed regarding this matter. Page 2 of 11

Court to add their true names once their identity has become known.

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9.

Subject matter jurisdiction is proper pursuant to 28 U.S.C. § 1331.

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10. Pursuant to 28 U.S.C. § 1391, venue is proper in this Court. GENERAL ALLEGATIONS

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11. Plaintiff incorporates each and every allegation set forth above as if fully set forth herein. 12. I, defendant, am a long time family friend of a couple [the Bodines] who are

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going through a divorce. (Continues on appeal.) Wife filed papers on husband

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on or about September 2006. I have been diligent to attend their divorce trial.

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13. After the first hearing on October 12, 2006, wife sent me an unsolicited letter,

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telling me to "mind my own business" and that I appeared to be "polarizing"

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with her husband.

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14. After the divorce decree in October 2008, according to police reports, wife

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claims to have received an anonymous letter addressed to a "Miss Thomas-

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Morgan" on or about November 15, 2008. On or about November 26, 2008,

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wife filed a fraudulent police report with the Prescott Police Department,

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falsely reporting as material evidence that her maiden name is "Thomas-

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Morgan." She alleged criminal harassment regarding the anonymous letter. She

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has consistently worked with Officer Dan Murray, who authored all pertinent

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police reports against me. (With Sgt. Slocum's sign off.)

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15. On Friday, January 23, 2009, I was visiting husband at his residence outside the city limit's of Prescott, Arizona. 16. My friend did not tell his wife I would be visiting that day. But my friend's

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teenage minor son was at the residence, it being dad's visitation day. He had a

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cell phone capable of texting. Presumably, he texted mom, who in turn,

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contacted the Prescott Police.

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17. About an hour after I arrived (approximately 14:00), a Prescott police patrol car drove into the driveway. An officer knocked at the door. My friend answered Page 3 of 11

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the door and came to me saying an officer was asking to speak to me.

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18. I locked my voice recorder in the RECORD mode and put it in my pocket.

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19. I came to the threshold of the door, but did not cross over to outside.

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20. The officer, who identified himself as Officer Cook, badge # 271, asked if I

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would step outside as he would like to ask me a few questions.

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21. I asked the officer if I was under arrest.

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22. He said, "No."

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23. I said, "No consent, then."

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24. He then asked for ID. Specifically, he told me that "by law, I had to provide

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him with ID." 25. I told him I didn't think that was the law in Arizona and offered that if I was wrong, he could arrest me for not supplying ID. 26. He did not arrest me, but said I could avoid arrest by giving him my name and

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address. The demands for certain information would change over time, from

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"name and address," to "name, address and phone number," and finally, "name

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and DOB." I again told him "No consent. Thank you," and started to close the

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door.

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27. Whereupon, he shoved his foot in the door!

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28. I realized that, even if I was within my Constitutional right, slamming the door

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on an officer's foot would not bode well for me. Again I offered that if I was

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doing something wrong by not showing ID, that he should arrest me.

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29. He did not arrest me.

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30. He then informed me I was being "detained" and told me to come outside.

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31. Again, not wishing to waive my 4th Amendment right, I declined and did not

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step across the threshold of the door.

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32. Officer Cook claimed that he needed to find out who I was. But he came to the

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door knowing my name. A police report leading to the incident showed the

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Prescott police had already run my name through ACJIS and already had a Page 4 of 11

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physical on me. Also, later in the incident, my friend confirmed who I was.

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33. Officer Cook stated he needed information for future contact. But I had already

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told him "no consent" and said I would continue to exercise my right to not

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speak.

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34.

Nevertheless, being a Christian man, I told the officer that maybe I was wrong

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about this. If he could show me the law about detaining and needing a name, I

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would do what the law required.

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35. It took him a while but we finally found A.R.S. § 13-2412. My friend printed it

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out from the Internet and Officer Cook and I read it together, aloud. "It is

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unlawful for a person, after being advised that the person's refusal to answer is

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unlawful, to fail or refuse to state the person's true full name on request of a

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peace officer who has lawfully detained the person based on reasonable

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suspicion that the person has committed, is committing or is about to commit a

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crime. A person detained under this section shall state the person's true full

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name, but shall not be compelled to answer any other inquiry of a peace

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officer."

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36. Officer Cook and I also discussed the requirements for a "Terry Stop." I

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specifically asked him if there was any crime he suspected I committed within

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the immediate time frame, even 24 hours.

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37. He said, "No." He did not give any specific and articuable facts for stopping me.

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38. I challenged whether I was "lawfully" detained. But I eventually acquiesced,

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and gave Officer Cook my full legal name. Whereupon he insisted, "Date of

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Birth?"

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39. Now, we had just read the law together which says after giving one's full legal

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name, one "shall not be compelled to answer ANY OTHER INQUIRY of a

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peace officer." I pointed this out to Officer Cook

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40. Even though I complied fully with the law, Officer Cook still would not release Page 5 of 11

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me. He claimed he couldn't know if that was my real name. I told him if he

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thought I was lying about my name, he should arrest me for that.

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41. He did not arrest me.

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42. Again, I said that if I was breaking the law, he should arrest me. I emptied my

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pockets, anticipating arrest. When Sgt. Slocum (Cook's supervisor) arrived, Sgt.

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Slocum ruled that the law "required" I give my DOB or go to jail.

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43. I am sad to say that while men I do not know died to guarantee us these

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freedoms, I did not stand up for our rights. Stating "under duress" and being

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threatened with arrest under color of law, I gave them my DOB.

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44. Even then they did not release me. It was not until Dispatch gave a physical description that the seizure ended. The officers left the scene. 45. Approximately 30 minutes later a process server stopped at my friend's house,

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also asking for me. When she identified herself as an officer of the court, I

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confirmed my name and was served with an Injunction Against Harassment

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from my friend's divorcing wife.

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46. On or about February 17, 2009, I filed a State Open Records request (FOIA)

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with Lt. Gill of the Prescott PD for disciplinary records regarding officers Cook

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and Slocum. Arizona law requires a "yea or nay" response within 10 business

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days.

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47. A month passed without a response. I wrote Chief Oaks, renewing my request. I finally received a large packet from the PPD. 48. Sgt. Slocum had been sanctioned a year before this incident by the Prescott

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Police for a 4th Amendment violation and is on notice that any further 4th

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Amendment violations would result in stiffer sanctions. Lt. Morely noted that

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Sgt. Slocum was "out of control."

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49. On March 11, 2009, after receiving a copy of his Marriage License from

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California, my friend wrote Chief Oaks to inform the chief that his wife had

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filed a fraudulent police report and that her real maiden name was "Bodine." He Page 6 of 11

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asked the chief to prosecute Mrs. Bodine for filing a false report. 50. Chief Oaks wrote a response on March 17, 2009. He had Lt. Morely

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investigate. Chief Oaks purported to know that Mrs. Bodine used the name

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"Thomas-Morgan" before she and Mr. Bodine married! He did not pursue

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charges against her.

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51. I fought the Injunction at trial on April 9, 2009.

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52. Officer Murray was one of the court's witnesses against me. He had written a

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police report after interviewing Mr. Bodine by telephone and tried to implicate

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me with his report.

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53. Mr. Bodine testified under oath that several material statements written in the

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report by Officer Murray were patently false. Officer Murray said he wrote the

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report "within a day" of the phone call but had no recording of the call.

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54. In another police report concerning a criminal matter against me brought by the

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Prescott Police also on behalf of Mrs. Bodine (dismissed before trial by

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Prosecutor), Officer Murray falsified a second police report in an attempt to

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incriminate me. (Report dated March 26, 2009) Upon discovery, we also found

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a hand written note from Mrs. Bodine to Officer Murray, saying "Obviously, I

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have not read this. [A pleading mailed to her.] If I need to act or take anything

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to my lawyer, please let me know."

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55. At the Injunction trial with Officer Murray present when Mrs. Bodine was

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questioned about her maiden name, she said at first she did NOT tell the

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Prescott Police that her maiden name was "Thomas-Morgan," that it was an

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error and corrected in a subsequent report. (Not true.) Then, later at trial she

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changed her story and testified that she never liked the her maiden name "Eells"

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before she was married and wanted now to change it to Thomas-Morgan.

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56. However, Officer Murray did not press charges against Mrs. Bodine for falsifying a police report, even though I made it a crux of my defense at trial. 57. On June 23, 2009, I sent a complaint of 4th Amendment violation by Officer Page 7 of 11

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Cook and Sgt. Slocum to the Arizona Peace Officer Standards & Training

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Board. They responded indicating they would forward the matter to Prescott

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Police for Internal Investigation.

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58. I made several, repeated Open Record requests in November, December 2009 and January 2010 to Lt. Gill. 59. The Lieutenant has not been forthcoming and it was only when confronted with

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data I knew they had that they complied with the law, releasing tidbits of

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information.

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60. As of this filing, neither Lt. Gill or Lt. Morely have investigated Sgt. Slocum or Officer Cook for an unlawful 4th Amendment seizure.

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COUNT ONE

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VIOLATION OF 42 U.S.C. § 1983 - DEPRIVATION OF 4th AMENDMENT

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RIGHT

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61. Plaintiff incorporates each and every allegation above as it fully set forth herein.

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62. The Defendants are individuals, entities and municipalities acting under color

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of state law. 63. The Defendants, individually and collectively, clearly deprived me of my 4th

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Amendment right against unreasonable seizure by unlawfully holding me

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against my will and threatening arrest. There was no basis for a "Terry Stop" as

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no crime had been committed within a reasonable time frame for Terry.

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64. Even if there was legal basis for "detention," Arizona law is clear that once a

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person states their name they "shall not be compelled to answer ANY OTHER

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INQUIRY of a peace officer."

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65. The Defendants acted with malice and without probable cause and in doing so deprived my of my constitutional right. 66. As a result of Defendants’ conduct, I incurred emotional and other damages in an amount to be proven at trial. 67. Once Officer Cook had reviewed the plain language of the law, his and Sgt. Page 8 of 11

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Slocum's refusal to comply with the law show their actions were entered into

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with an evil mind and therefore, punitive damages are appropriate.

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COUNT TWO

4

ABUSE OF PROCESS

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68. I do not have to consent to a stop by a police officer. The moment I invoked

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both my 4th and 5th Amendment rights, Defendants' actions were willful and

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unjust and they used "detainment" to harass and intimidate me.

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69. This action was not warranted and was used to accomplish a purpose for which this process (detainment) was not designed.

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70. As a direct result of Defendants' abuse of process, I suffered emotional damage.

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COUNT THREE

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VIOLATION OF 42 U.S.C. § 1983 - DEPRIVATION OF 14th AMENDMENT

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RIGHT

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71. Plaintiff incorporates each and every allegation set forth above as if fully set forth herein. 72. The Prescott Police Department has established a pattern and practice of

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malicious prosecution against me as a favor to a town citizen. This is

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discriminatory. Moreover, they have acted to protect Mrs. Bodine from

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investigation / prosecution.

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73. The Prescott PD also discriminated against me when it failed to comply with

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State Open Records law, so as to prevent discovery of wrong doing by one of

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their own.

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74. Officer Murray has falsified numerous police reports in an attempt to incriminate me. His actions have lead to two trials against me. 75. As such, Defendants' have deprived me of my right to equal protection under law. 76. As a result of Defendants’ conduct, I incurred financial, economic and emotional and other damages in an amount to be proven at trial. Page 9 of 11

COUNT FOUR

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VIOLATION OF 42 U.S.C. § 1983 - FAILURE TO CORRECT POLICY 77. Plaintiff incorporates each and every allegation set forth above as if fully set forth herein.

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78. A municipality may be held liable under § 1983 if the plaintiff shows that a

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"custom" or "policy" of the municipality was the "moving force" behind the

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constitutional deprivation.

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79. The failure of Lt. Gill, Lt. Morely and former Chief Oaks to investigate this abuse demonstrates a custom of allowing 4th Amendment violations within the Prescott PD when it serves their purpose. 80. As the Arizona POST is the highest authority for police oversight in the State,

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the unwillingness of the Prescott PD to perform any due diligence to investigate

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my complaint demonstrates that their nonfeasance is the result of an evil mind

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and therefore, punitive damages are appropriate.

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COUNT FIVE

16

HARASSMENT

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81. Plaintiff incorporates each and every allegation set forth above as if fully set forth herein. 82. Since invoking my rights, the Defendants purposefully and willfully have used

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their positions as employees of the City of Prescott Police Department to harass

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Plaintiff for exercising his fourth, fifth and fourteenth amendment rights as a

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private citizen.

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83. As a result of Defendants' actions, I have suffered economic and emotional damages in an amount to be proven at trial. My good name has been tarnished. 84. The actions of the Defendants were entered into with an evil mind and therefore, punitive damages are appropriate.

27

WHEREFORE, Plaintiff prays for Judgment against Defendants, and each of them, as

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follows: Page 10 of 11

1 2

A.

For compensatory damages, plus special and incidental damages in such

a sum as may be proven at trial;

3

B.

For punitive damages in an amount to be proven at trial;

4

C.

For costs for the suit;

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D.

For attorney’s fees; and

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E.

For other such relief as this Court deems just and proper.

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SUBMITTED this 22nd day of January, 2010

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By: ______________________ P. Michael Palmer POB 5564 Glendale, AZ 85312 602-513-3738

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Palmer v. City of Prescott

1 Tendered his resignation September 18, 2009 after Notice of Claim filed regarding this matter. Page 2 of 11. OAKS, are, at all times relevant, husband and wife residing in Yavapai County,. Arizona. At all times relevant, Defendant Randy Oaks held the position of. Chief of Police in and for the City of Prescott.1 All actions ...

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